New York Law Journal - Columnshttp://www.newyorklawjournal.com/expert-analysis
Legal experts in every area of practice provide timely and thoughtful analysis on developments in the law that effect the daily work lives of practitioners. Our experts cover state and federal litigation in all areas of practice and in all levels of courts, corporate law, legislation, rules and guidelines affecting the practice of law and the profession.en-usCopyright 2015. ALM Media Properties, LLC. All rights reserved.http://www.alm.com/about/terms-useNew York Law Journal - Columnshttp://www.alm.law.com/img/nylj_10/nylj_rss_icon.pnghttp://www.newyorklawjournal.com/expert-analysis
Wed, 04 Mar 2015 00:00:00 ESTRealty Law DigestScott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law reviews ?42nd and 10th Assoc. v. Ikezi ,? where the court held that using a residential apartment as a hotel room and profiteering off of it is ground for eviction and is incurable, as it undermines a purpose of the Rent Stabilization Code, and ?Borden v. 400 East 55th Street Associates,? where the court pointed the way for classes to challenge rent overcharges.http://www.newyorklawjournal.com/id=1202719479908?rss=rss_nylj_columns
Wed, 04 Mar 2015 00:00:00 EST1202719479908Return to the Bear Stearns' D&O Insurance DisputeIn their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes write that a lawsuit in which Bear Stearns sought indemnification from its insurers after settlements with the SEC, the New York Stock Exchange and private plaintiffs in related suits has already yielded five motion rulings in just over four years regarding disgorgement; public policy; and final adjudication requirements.http://www.newyorklawjournal.com/id=1202719355053?rss=rss_nylj_columns
Tue, 03 Mar 2015 03:00:00 EST1202719355053Medical Malpractice on the High SeasThomas A. Dickerson and Jeffrey A. Cohen write: Each year more than 10 million consumers purchase a cruise ship vacation departing from and returning to a U.S. port located primarily in the State of Florida. But while they may travel on 21st-century cruise ships, their rights and remedies for injuries sustained on or off the cruise ship are governed, in many cases, by 19th-century legal principles.http://www.newyorklawjournal.com/id=1202719354971?rss=rss_nylj_columns
Tue, 03 Mar 2015 03:00:00 EST1202719354971White-Collar Enforcement Under Attorney General Eric HolderIn their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack give their impressions of how the DOJ responded to the financial crisis, including some seeming innocuous choices that may have affected the nature and extent of its response; highlight key initiatives of the department beyond the financial crisis; and discuss what may be the priorities of the department going forward.http://www.newyorklawjournal.com/id=1202719354825?rss=rss_nylj_columns
Tue, 03 Mar 2015 03:00:00 EST1202719354825Cases Address Use of ESI and Ethics Issues With the CloudMark A. Berman, a partner at Ganfer & Shore, writes: Recent decisions address the production of metadata, the detail required in an ESI privilege log, the use of emails on a motion to dismiss, the implication of changing a person's ESI password, and precautions used to safeguard confidential client information.http://www.newyorklawjournal.com/id=1202719328542?rss=rss_nylj_columns
Tue, 03 Mar 2015 00:00:00 EST1202719328542Battle Over Interviewing Corporate Employees ContinuesIn his Professional Responsibility column, Anthony E. Davis discusses New York County Lawyers' Association Formal Opinion 747, which discusses whether and when it may be appropriate for a corporation's attorney to offer representation to current or former corporate employees without violating the rules prohibiting in-person solicitation.http://www.newyorklawjournal.com/id=1202719233089?rss=rss_nylj_columns
Mon, 02 Mar 2015 03:00:00 EST1202719233089Discovery Motions and the Statute of LimitationsIn her Trusts and Estates Update, Ilene Sherwyn Cooper reviews recent decisions addressed to the ramifications of a party's failure to timely comply with demands for discovery and the statute of limitations as applied to attorney-client relations.http://www.newyorklawjournal.com/id=1202719232708?rss=rss_nylj_columns
Mon, 02 Mar 2015 03:00:00 EST1202719232708Federal Court Notice Standard in Premises CasesSteven M. Christman and Adam C. Calvert write: Defendants in personal injury cases sometimes remove a case to federal court because of several advantages: stricter discovery rules, more defense-friendly juries, and expert discovery, to name a few. But one seemingly advantageous reason is often overlooked, particularly by those defending retailers or other premises owners: the defendant-friendly federal court notice standard that applies to summary judgment motions.http://www.newyorklawjournal.com/id=1202719232630?rss=rss_nylj_columns
Mon, 02 Mar 2015 03:00:00 EST1202719232630Wearable Technology: Taking Privacy Issues to HeartKaren H. Bromberg and Duane A. Cranston of Cohen & Gresser write: At least for the moment, there is no clear legislative or judicial framework that squarely addresses all of the concerns raised by the development of wearable health devices.http://www.newyorklawjournal.com/id=1202719019470?rss=rss_nylj_columns
Mon, 02 Mar 2015 01:00:00 EST1202719019470Legal Risks and Rules of the Move to BiometricsMark Melodia, Paul Bond, and Angela Angelovska-Wilson of Reed Smith explore the developing legal framework behind the race to biometric adoption.http://www.newyorklawjournal.com/id=1202719019546?rss=rss_nylj_columns
Mon, 02 Mar 2015 01:00:00 EST1202719019546Identity Management: The Key to Cyber Security and Online CommerceThomas Smedinghoff and Laurie Kamaiko of Locke Lord write: At the heart of most breaches is unauthorized access. As a result, identity management is an issue that is fast becoming a legal, technical, and public policy priority.http://www.newyorklawjournal.com/id=1202719019394?rss=rss_nylj_columns
Mon, 02 Mar 2015 01:00:00 EST1202719019394Balancing Employee Privacy With Protection of Company AssetsMelissa Ventrone and Richard Reiter of Wilson Elser Moskowitz Edelman & Dicker write: With great strides in technology solutions for the workplace come numerous concerns about the management of sensitive proprietary information and an employee's right to privacy in the workplace.http://www.newyorklawjournal.com/id=1202719019318?rss=rss_nylj_columns
Mon, 02 Mar 2015 01:00:00 EST1202719019318Collateral Consequences of Individual LiabilityIn their Federal Civil Enforcement column, Richard Strassberg and William Harrington write: Where CEOs, CFOs, and other executives frequently find themselves as named defendants in federal civil enforcement actions, requiring admissions of wrongdoing in settlement may have broad-reaching consequences, very much akin to a finding of liability after trial in any civil fraud action.http://www.newyorklawjournal.com/id=1202719073721?rss=rss_nylj_columns
Fri, 27 Feb 2015 03:00:00 EST1202719073721Federal Actions Bring Election Matters to the ForefrontIn their Government and Election Law column, Jerry H. Goldfeder and Myrna Perez review two recent developments: a guilty plea in the DOJ's first criminal prosecution for illegal campaign finance coordination, and a decision ordering Governor Cuomo to call a special election six weeks after Representative Michael Grimm resigned.http://www.newyorklawjournal.com/id=1202719073807?rss=rss_nylj_columns
Fri, 27 Feb 2015 03:00:00 EST1202719073807Avoiding the Conclusory When Preparing Expert AffidavitsJohn R. Higgitt writes: The qualifications of the expert, the facts underlying the opinion, the basis of the opinion, and the opinion itself&#8212;these are the essential elements of an expert's affidavit. Given the stakes on a summary judgment motion, counsel must scrutinize her expert's affidavit to ensure that it contains each of these elements.http://www.newyorklawjournal.com/id=1202719073924?rss=rss_nylj_columns
Fri, 27 Feb 2015 00:00:00 EST1202719073924Winter Premises Liability: Describing the Color of IceMontgomery L. Effinger writes: Despite the sinister sound of accusations that hidden "black" or "transparent" ice conditions existed on a defendant's premises, use of such words to describe the presence of invisible ice may undermine a plaintiff's ability to establish either constructive or actual notice by limiting the potential for demonstrating a defendant's awareness of a hazardous condition.http://www.newyorklawjournal.com/id=1202718945691?rss=rss_nylj_columns
Thu, 26 Feb 2015 03:00:00 EST1202718945691Big DealsCanadian drugmaker Valeant Pharmaceuticals International Inc. has agreed to buy Salix Pharmaceuticals Ltd. for about $10 billion in cash.http://www.newyorklawjournal.com/id=1202718976931?rss=rss_nylj_columns
Thu, 26 Feb 2015 00:00:00 EST1202718976931Fracking Report Concludes More Health Studies Are NeededIn their Domestic Environmental Law column, Christine A. Fazio and Ethan I. Strell write: Just before Christmas, the New York State Department of Health released its long-awaited report on the public health effects of hydrofracking, resulting in New York State's highly publicized decision to continue to ban the natural gas extraction process known as high volume hydraulic fracturing.http://www.newyorklawjournal.com/id=1202718945609?rss=rss_nylj_columns
Thu, 26 Feb 2015 00:00:00 EST1202718945609'Tackett' Reverses Precedent in the Labor, Retiree ArenaCorinne Ball and Jessica Kastin of Jones Day write: In 'Tackett', the Supreme Court overruled long-standing precedent in the Sixth Circuit, which will likely make it easier for employers and acquirors to defeat arguments that retirees are entitled to lifetime health benefits.http://www.newyorklawjournal.com/id=1202718767073?rss=rss_nylj_columns
Thu, 26 Feb 2015 00:00:00 EST1202718767073Will Affordable Housing Requirement Effect a Taking?In his Condemnation and Tax Certiorari column, Michael Rikon discusses regulatory takings, inclusionary zoning and New York City Mayor Bill de Blasio's pledge to create or preserve 200,000 affordable units of housing in the next decade.http://www.newyorklawjournal.com/id=1202718802886?rss=rss_nylj_columns
Wed, 25 Feb 2015 01:00:00 EST1202718802886Franchisors as Joint Employers; Case Law DevelopmentsIn his Franchising column, David J. Kaufmann writes: The general counsel of the National Labor Relations Board's charge that McDonald's Corporation is a "joint employer" of its franchisees' employees disregards 50 years of law and business principles. Fortunately, the courts continue to respect the economic realities of franchising and legal precedent reflecting same.http://www.newyorklawjournal.com/id=1202718801801?rss=rss_nylj_columns
Wed, 25 Feb 2015 01:00:00 EST1202718801801Lessons from the OECD Foreign Bribery ReportBridget Rohde and Aaron Tidman discuss the Organization for Cooperation and Economic Development's first-ever foreign bribery report, with its key findings regarding global enforcement, who is paying bribes and who is receiving them, as well as how companies should use the findings in evaluating and refining their compliance risk assessments.http://www.newyorklawjournal.com/id=1202718803006?rss=rss_nylj_columns
Wed, 25 Feb 2015 00:00:00 EST1202718803006Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law, reviews ?Matter of Mary Veronica Santiago-Monteverde?, where the New York Court of Appeals held that a tenant's interest in her rent-stabilized lease was a ?public assistance benefit,? and thus exempt from her bankruptcy estate; and ?56 7th Avenue, LLC v. Sobel,? where it was held that a tenant's absence from his apartment for health reasons, was excusable.http://www.newyorklawjournal.com/id=1202718811034?rss=rss_nylj_columns
Wed, 25 Feb 2015 00:00:00 EST1202718811034MarketplaceIn the second most-expensive office building deal in U.S. history, a joint venture of Ivanhoe Cambridge and Callahan Capital Properties has purchased 1095 Avenue of the Americas for $2.2 billion. Also, Silverstein Properties has acquired a property at 520-530 W. 41st St. for more than $100 million.http://www.newyorklawjournal.com/id=1202718829301?rss=rss_nylj_columns
Wed, 25 Feb 2015 00:00:00 EST1202718829301Brokers and Lawyers as Real Estate ProfessionalsIn their Taxation column, Ezra Dyckman and Libin Zhang discuss recent guidance from the Internal Revenue Service as to who qualifies as a real estate professional.http://www.newyorklawjournal.com/id=1202718811424?rss=rss_nylj_columns
Wed, 25 Feb 2015 00:00:00 EST1202718811424